The technician was supposed to be from Sears, but he was from the services of A-E. After their visit to my house, they never released a report back to AHS and after several other phone calls to American Home, they said someone was going to call me contractor relations. As American Home Shield has agreements with independent contractors in all states that use them, you generally cannot choose your own repairer, although exceptions are made occasionally. Normally, a plaintiff can recover an unlawful act for a contract dispute only if the obligation to violate is imposed by law and not by the consent of the parties and if the harm suffered is not economic harm resulting from the infringement. See Southwestern Bell Telephone Co. v. DeLanney, 809 P.W.2d 493, 494 (Tex. 1991) („[I] f the accused`s conduct . . .
it is only because it is contrary to the agreement of the parties that the applicant`s claim normally resonates only in the contract.“ Airborne Freight Corp., Inc. v.C.R. Lee Enterprises, Inc., 847 S.W.2d 289, 293 (Tex.App.-El Paso, 1992) („If the injury is only an economic loss to the purpose of the contract itself, the act resonates in the contract alone“). However, the Texas Supreme Court recognized a „legal duty to induce another to enter into a contract using fraudulent misrepresentations“ and waived the obligation to breach independently for fraudulent incentive applications to enter into a contract. See Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc., 960 S.W.2d 41, 46-47 (Tex. 1998) („As a general rule, a party is not bound by a contract obtained by fraud“). Given that the applicants stated that they „and the members of [c] relied on misrepresentations, concealments and omissions of material facts in the purchase or obtaining of housing guarantee plans for [d]efendants“, the Tribunal is not satisfied that the existence of home warranty contracts prevents applicants from seeking recovery for undue enrichment as a matter of law , these allegations could be alleged to be fraudulent inducements. The defendant`s assertion that „no information is provided on the concrete allegations that led Mr.
Richardson and Mr. Thompson to acquire their AHS guarantees“ shows that the defendants themselves recognize this and that this action should not be dismissed by prejudice without first giving the applicants the opportunity to amend their complaint. Can I choose my contractor? No no. American Home Shield chooses a professional entrepreneur from your area and contacts you for you. The contractor will then contact you to set the window of opportunity for service calls. Customers must use contractors who are in the network. You can also set your own call charges for commercial services. This is the tax you pay to the contractor if he or she goes out to diagnose your insured item.
The fee for commercial services starts at $75, allowing you to pay less per service call.